• Jeanne Sheehan, "American Democracy in Crisis: The Case for Rethinking Madisonian Government Post January 6" (Palgrave Macmillan, 2024)
    May 14 2025
    American Democracy in Crisis: The Case for Rethinking Madisonian Government Post January 6 (Palgrave Macmillan, 2024) analyzes the roots of widespread disenchantment with American government. While blame often falls on the individuals in office, they are not operating in isolation. Rather they are working within a system designed by the Framers with one goal in mind, protectionism. Although the Framers got much right, their commitment to protection of liberty led them to design a system replete with divisions of power. Whatever its merits at the founding, the government today is frequently described as dysfunctional and far too often unresponsive to the majority, unaccountable, and unable to deliver for its people. For those disillusioned with the current state of government and committed to effectuating meaningful change, this book advocates in favor of a fundamental reassessment of the system's primary objectives, followed by deliberation as to how it should be restructured accordingly. It not only presents specific reform proposals, but it ends with a stark warning: until and unless we embrace reasoned structural reform, we cannot be surprised if at some point the people become so frustrated that they either disengage, fight back, or seek solace in autocratic alternatives. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    35 mins
  • Jennifer Holt, "Cloud Policy: A History of Regulating Pipelines, Platforms, and Data" (MIT Press, 2024)
    May 13 2025
    How the United States' regulation of broadband pipelines, digital platforms, and data—together understood as “the cloud”—has eroded civil liberties, democratic principles, and the foundation of the public interest over the past century. Cloud Policy: A History of Regulating Pipelines, Platforms, and Data (MIT Press, 2024) is a policy history that chronicles how the past century of regulating media infrastructure in the United States has eroded global civil liberties as well as democratic principles and the foundation of the public interest. Jennifer Holt explores the long arc of regulating broadband pipelines, digital platforms, and the data centers that serve as the cloud's storage facilities—an evolution that is connected to the development of nineteenth- and twentieth-century media and networks, including railroads, highways, telephony, radio, and television. In the process, Cloud Policy unearths the lasting inscriptions of policy written for an analog era and markets that no longer exist on the contemporary governance of digital cloud infrastructure.Cloud Policy brings together numerous perspectives that have thus far remained largely siloed in their respective fields of law, policy, economics, and media studies. The resulting interdisciplinary argument reveals a properly scaled view of the massive challenge facing policymakers today. Holt also addresses the evolving role of the state in the regulation of global cloud infrastructure and the growing influence of corporate gatekeepers and private sector self-governance. Cloud policy's trajectory, as Holt explains, has enacted a transformation in the cultural valuation of infrastructure as civic good, turning it into a tool of commercial profit generation. Despite these current predicaments, the book's historical lens ultimately helps the reader to envision restorative interventions and new forms of activism to create a more equitable future for infrastructure policy. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    1 hr and 8 mins
  • Constitutional Crisis or a Stalemate?
    May 12 2025
    At the 100 day mark of Donald Trump’s second term as president, the political scientists at Bright Line Watch released their 25th report on the state of American democracy entitled “Threats to democracy and academic freedom after Trump’s second first 100 days.” Based on polling both experts (760 political scientists) and the public (representative sample of 2000 Americans), the Bright Line Watch researchers find that the Trump administration has challenged constitutional and democratic norms on a wide range of issues, including the scope of executive power and the authority of courts to check it, individual freedom of expression, due process and habeas corpus, immigration, and academic freedom. In this episode of POSTSCRIPT: Conversations on Politics and Political Science, two of Bright Line Watch’s co-directors analyze the latest report – and what it means for American democracy. Topics include democratic performance, threats to democracy and academic freedom and self-censorship. Dr. John Carey (he/him) is the Wentworth Professor in the Social Sciences at Dartmouth College. He is the author of 6 books and dozens of articles on democratic institutions, representation, and political beliefs. Dr. Gretchen Helmke is the Thomas H. Jackson Distinguished University Professor in the Department of Political Science and faculty director of the Democracy Center at the University of Rochester. Her research focuses on democracy and the rule of law in Latin America and the United States. Her new co-authored article definition and measuring democratic norms is forthcoming in the Annual Review of Political Science. She has been named a Guggenheim Fellow for 2025. Mentioned: Bright Line Watch’s April 2025 report, Threats to Democracy and Academic Freedom after Trump's Second First 100 Days (based on parallel surveys of 760 political scientists and a representative sample of 2,000 Americans fielded in April). Bright Line Watch homepage with data and past reports John Carey on NPR’s All Things Considered, 4/22 discussing the latest report. Adam Przeworski’s Substack Diary (free to subscribe and read) Democratic Erosion Project (with dataset that Gretchen mentioned) Susan’s New Books Network conversation with Dr. Sue Stokes on the importance of integrating comparative politics and American politics. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    47 mins
  • Lara Montesinos Coleman, "Struggles for the Human: Violent Legality and the Politics of Rights" (Duke UP, 2023)
    May 10 2025
    In Struggles for the Human: Violent Legality and the Politics of Rights (Duke University Press 2024), Lara Montesinos Coleman blends ethnography, political philosophy, and critical theory to reorient debates on human rights through attention to understandings of legality, ethics, and humanity in anticapitalist and decolonial struggle. Drawing on her extensive involvement with grassroots social movements in Colombia, Coleman observes that mainstream expressions of human rights have become counterparts to capitalist violence, even as this discourse disavows capitalism’s deadly implications. She rejects claims that human rights are inherently tied to capitalism, liberalism, or colonialism, instead showing how human rights can be used to combat these forces. Coleman demonstrates that social justice struggles that are rooted in marginalized communities’ lived experiences can reframe human rights in order to challenge oppressive power structures and offer a blueprint for constructing alternative political economies. By examining the practice of redefining human rights away from abstract universals and contextualizing them within concrete struggles for justice, Coleman reveals the transformative potential of human rights and invites readers to question and reshape dominant legal and ethical narratives. Lara Montesinos Coleman is Professor of International Law, Ethics and Political Economy at the University of Sussex, where she also teaches on the MA in Human Rights. She is author of Struggles for the Human: Violent Legality and the Politics of Rights, published by Duke University Press in 2024 and shortlisted for the Susan Strange Best Book Prize, awarded for an outstanding book published in any field of International Studies. Tim Wyman-McCarthy is a Lecturer in the discipline of Human Rights and Associate Director of Graduate Studies at the Institute for the Study of Human Rights and the Department of Sociology at Columbia University. He can be reached at tw2468@columbia.edu. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    1 hr and 13 mins
  • Jake Monaghan, "Just Policing" (Oxford UP, 2023)
    May 9 2025
    Policing is a source of perennial conflict and philosophical disagreement. Current political developments in the United States have only increased the urgency of this topic. Today we welcome philosopher Jake Monaghan to discuss his book, Just Policing (Oxford UP, 2023), which applies interdisciplinary insights to examine the morality of policing. Though the injustices of our world seemingly require some kind of policing, the police are often sources of injustice themselves. But this is not always the result of intentionally or negligently bad policing. Sometimes it is an unavoidable result of the injustices that emerge from interactions with other social systems. This raises an important question of just policing: how should police respond to the injustices built into the system? Just Policing attempts an answer, offering a theory of just policing in non-ideal contexts. Monaghan argues that police discretion is not only unavoidable, but in light of non-ideal circumstances, valuable. This claim conflicts with a widespread but inchoate view of just policing, the legalist view that finds justice in faithful enforcement of the criminal code. But the criminal code leaves policing seriously underdetermined; full enforcement is neither possible nor desirable. Police need an alternative normative framework for evaluating and guiding their exercise of power. Just Policing critiques popular approaches to police abolitionism while defending normative limits on police power. The book offers a defense of police discretion against common objections and evaluates controversial issues in order maintenance, such as the policing of "vice" and homelessness, democratic control over policing, community policing initiatives, police collaborations and alternatives like mental health response teams, and possibilities for structural reform. Jake Monaghan is Assistant Professor of Philosophy at the University of Southern California. He earned his Ph.D. in philosophy at the University of Buffalo. His research is primarily in moral and political philosophy. He is interviewed by Tom McInerney, an international lawyer, scholar, and strategist, who has worked to advance rule of law and development internationally for 25 years. He has taught in the Rule of Law for Development Program at Loyola University Chicago School of Law since 2011. He writes the Rights, Regulation and Rule of Law newsletter on Substack. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    1 hr and 4 mins
  • Mark Fallon, "Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture" (Regan Arts, 2017)
    May 8 2025
    From busting drug lords to leading the Pentagon task force charged with bringing the 9/11 terrorists to justice, Mark Fallon has spent his career on the front lines of U.S. national security. My first guest is one of the most fascinating people I've interviewed. Former NCIS Special Agent in Charge Mark Fallon is a national security consultant, scholar, and expert in counterintelligence and counterterrorism who's been involved in some of the most significant terrorism investigations in U.S. history. Mark served more than thirty years in government—twenty-seven with the NCIS and two as a Senior Executive within the Department of Homeland Security. He received numerous awards and medals for his service, including the Department of Defense Counterintelligence Award for Outstanding Achievement and the U.S. Secret Service Director Honors Award. As an NCIS Special Agent, Mark operated undercover in some of the most dangerous places in the world—from infiltrating drug rings in Thailand to capturing poachers in Kenya. He takes us inside his undercover operations and describes his strategy for a successful mission. We talked about the interview and interrogation techniques that actually work (hint: they involve rapport and, occasionally, French fries), and the moment his wife discovered details of an undercover operation. In the wake of the 9/11 terrorist attacks, Mark was appointed Deputy Commander and Special Agent in Charge of the Pentagon task force, responsible for investigating terrorists for possible trials before military commissions. His critically acclaimed book, Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture (Regan Arts, 2017) offers a gripping account of the leadership challenges he faced while trying to bring terrorists to justice without compromising his oath to protect and defend the Constitution. Mark opens up about what it takes to lead under pressure, the duty to disobey an unlawful order, and why interrogators make the best first dates He shares leadership lessons that extend far beyond national security—tools for navigating crisis, conflict, and high-stakes decisions in any field. Today, as founder of ClubFed, Mark serves as an international security consultant and continues his mission for improving the practice of interviews and interrogations. Pulitzer Prize–winning investigative reporter Bill Dedman calls Mark Fallon "the Serpico in the war on terror," and high-ranking officials call him an American hero who’s made the world safer. Listen to the podcast—and you'll understand why. Pamela Hamilton is the award-winning author of Lady Be Good: The Life and Times of Dorothy Hale, Kirkus Best Book of the Year and Publishers Weekly Editor's Pick. As a producer with NBC News for nearly 15 years, she interviewed prominent figures in business, entertainment, lifestyle, and the arts. Visit www.pamelalhamilton.com to learn more — and sign up to be notified when new episodes are released. Connect on Instagram and Facebook @pamelahamiltonauthor. "We told them 'You may not, you must not—you have a duty not to obey an unlawful order." Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    52 mins
  • Maïa Pal, "Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital" (Cambridge UP, 2020)
    May 6 2025
    With rigorous attention to history and empire, Maïa Pal's Jurisdictional Accumulation: An Early Modern History of Law, Empires, and Capital (Cambridge UP, 2020) is a unique analysis of imperial expansion. Through an analysis of ambassadors and consuls in the Mediterranean—and attention to Castilian, French, Dutch, and British empires—Pal's multifaceted conceptualization of jurisdictional analysis gathers together law and capital in the early modern period. A compelling application of political Marxist frameworks, Jurisdictional Accumulation is a multidisciplinary approach to thinking through extraterritoriality and its implications. Through archival work, theorization, and legal analyses, Pal offers us a novel way to better understand the links between capital, law, and imperial authority. Dr. Maïa Pal is a Senior Lecturer in International Relations at Oxford Brookes University. Her research brings together international relations theory, international political economy, and histories of international law, and focuses on early modern overseas consuls, imperialism, and empire.Rine Vieth is an FRQSC Postdoctoral Fellow at Université Laval. Interested in how people experience state legal regimes, their research centres around questions of law, migration, gender, and religion. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    45 mins
  • Stephen H. Legomsky, "Reimagining the American Union: The Case for Abolishing State Government" (Cambridge UP, 2024)
    May 5 2025
    Since American president Donald Trump was elected to a second term, it is common to hear citizens, journalists, and public officials distinguish between the laws and leaders of their states and the national government. Those who oppose Trump’s policies with regard to reproductive rights, gun violence, LGBTQ+, education, police, and voting often present state constitutions, courts, laws, culture, and leaders as a bulwark against Trump’s autocratic rule. But Professor Stephen H. Legomsky sees it differently. His new book, Reimagining the American Union: The Case for Abolishing State Government (Cambridge University Press 2025) argues that – if we care about democracy – we should imagine an America without state government. No longer a union of arbitrarily constructed states, the country would become a union of one American people. Reimagining the American Union understands state government as the root cause of the gravest threats to American democracy. While some of those threats are baked into the Constitution, the book argues that others are the product of state legislatures abusing their powers through gerrymanders, voter suppression, and other less-publicized manipulations that often target African-Americans and other minority voters. Reimagining the American Union interrogates how having national, state and local legislative bodies, taxation, bureaucracy, and regulation wastes taxpayer money and burdens the citizenry. After assessing the supposed benefits of state government, Professor Legomsky argues for a new, unitary American republic with only national and local governments. Stephen H. Legomsky is the John S. Lehmann University Professor Emeritus at the Washington University School of Law. Professor Legomsky has published scholarly books on immigration and refugee law, courts, and constitutional law. He served in the Obama Administration as Chief Counsel of U.S. Citizenship and Immigration Services and later as Senior Counselor to Secretary of Homeland Security Jeh Johnson. He was a member of President-Elect Biden’s transition team, has testified often before Congress, and has worked with state, local, UN, and foreign governments. Mentioned: Cambridge University press is offering a 20% discount here (until October) Susan’s NBN interview with Richard Kreitner on Break It Up: Secession, Division, and The Secret History of America’s Imperfect Union Jonathan A. Rodden’s Why Cities Lose: The Deep Roots of the Urban-Rural Political Divide (Basic Books 2019) Hendrik Hertzberg’s review of Robert A. Dahl’s How Democratic Is the American Constitution (Yale) Shelby County v. Holder, the Supreme Court case that overturned the Voting Rights Act of 1965’s pre-clearance requirement for historically discriminating districts Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law
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    59 mins